I asked the above question before but got conflicting answers from two attorneys. One of them stated that it's ok to request oral argument and go in there and let the justices know that I'm there to answer any questions they have. Another attorney stated that this might annoy the justices. Any thoughts here?
I have done this once or twice, and I have seen other attorneys do this in various appellate courts in California. The justices have never appeared to me to be annoyed. They have been very respectful and polite about it. Just let them know that you believe you have addressed everything relevant in your briefing, and that you are there to answer any questions they may have. I've never seen them actually ask questions in response to that statement. If there are no questions, inform them that you will submit on the briefs.
If you have something brief that you would like to highlight or point out, though, this is a good opportunity to do so. You might thin of what your most important point or points are, state them briefly, and then ask the court if they have any questions.
Good luck.
Don't be expecting to get to speak except in response to a question from one of the justices. Actually it is rare that an appellate court grants a request for oral arguments, so you should work extra hard on your brief.
I have handled many appeals and I think that appeals are won or lost on the Briefs. The oral argument is usually allowed only if the Court feels it is necessary to get additional argument from the lawyers. IF oral argument is allowed, then that is a good sign that the Court does have some questions, so try to anticipate what those questions may be and be prepared to answer them.
It might annoy them, it might not annoy them. However, presumably you've put a fair amount of work into this appeal, likewise, if your matter is set for oral argument it is important to be as prepared as possible. You (or better yet, your attorney) should be prepared to present a concise summary of the key points in your case. Moreover, appellate rules tend to be quite complex, and you should consider hiring counsel right away to represent you.
Andrew E BenzingerLitigation LawyerSacramento, CACA licensed ·
California always grants requests in response to the "if no one requests argument we will issue a decision" letter. I recall that its mandated, but not sure. If youve covered your points, I'd say dont request. Other attorneys who i greatly respect always request argument.
A good appellate panel will spend extra time refreshing themselves on a case that is coming up for oral argument. If you come in to tell them you have nothing you wanted to say, you will be unlikely to help your case but may harm it. Practices vary from district to district, but in some number of appellate districts the opinion is tentatively decided prior to orals, and orals give you the chance to change someone's mind. If you don't have a plan for how you would do that, I would not request oral argument. However, I have never seen a California Court of Appeal deny a request for oral argument, so I am uncertain about comments to the contrary.
It depends on your local court's rules, but in most if not all jurisdictions in the United States, oral argument is your last chance to persuade. That means, persuade! Start talking about the strengths of your arguments on the assignments of error, then let the justices ask their questions. (Here in Ohio they're called judges unless it's at the state supreme court level.) If a justice asks a question, stop your argument immediately and try and answer the question.
So my answer would be that of the other attorney who advised you. I wouldn't just go in there and ask, "Are there any questions Your Honors?" I wouldn't go so far as to call it annoying to the justices, especially if you're pro se, but with that approach you're not persuading either. I would begin my oral presentation with, May it please the Court, and try to persuade. You should be respectful to the court, and always confine your arguments to what's contained in the record.
I get the impression you're trying to do this pro se. If the case is already briefed, you might find a local lawyer in California who would be surprisingly affordable to orally argue the case for you. You should be aware however that most appeals are decided on the briefs, not oral argument. Oral argument is mainly intended to clarify certain important issues.
As a lawyer who has prosecuted dozens of appeals in my career, I can tell you that, for me, oral argument is the fun part. So if you're planning on arguing this yourself, enjoy the experience, have fun, and good luck!
